Common use of Purchase of Products Clause in Contracts

Purchase of Products. a. Subject to the General Xxxxx, Supplier agrees to sell and Xxxxx agrees to buy the Products that Xxxxx describes in the Purchase Orders Buyer issues from time to time. b. A Purchase Order will become binding upon acceptance by Supplier. Each Purchase Order is deemed to be accepted by Supplier upon the first of the following to occur: (i) Supplier accepts it in writing; (ii) Supplier begins performance under the Purchase Order; or (iii) the passage of five business days after Supplier’s receipt of a Purchase Order without written notice to Buyer that Supplier does not accept. c. Buyer may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agree, all forecasts are non-binding on Buyer and Buyer may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer of any anticipated inability to satisfy a forecast. d. Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer may consider invalid any invoice that does not contain a correct Purchase Order number. f. In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of Buyer's requirements for any period.

Purchase of Products. a. (a) Subject to the General XxxxxTerms, Supplier agrees to sell sell, and Xxxxx Coherent A&D agrees to buy buy, the Products that Xxxxx Coherent A&D describes in the Purchase Orders Buyer Coherent A&D issues from time to time. b. (b) A Purchase Order will become binding upon acceptance by Supplier. Each Purchase Order is deemed to be accepted by Supplier upon the first of the following to occur: (i) Supplier accepts it in writing; , (ii) Supplier begins performance under the Purchase Order; , or (iii) the passage of five (5) business days after SupplierCoherent A&D’s receipt issuance of a Purchase Order without written notice to Buyer Coherent A&D that Supplier does not accept. c. Buyer (c) Coherent A&D may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agreeagree in writing, all forecasts are non-binding on Buyer Coherent A&D and Buyer Coherent A&D may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer Coherent A&D of any anticipated inability to satisfy a forecast. d. (d) Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product. e. (e) Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer Coherent A&D may consider invalid any invoice that does not contain a correct Purchase Order number. f. (f) In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer Coherent A&D with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of BuyerCoherent A&D's requirements for any period.